Excerpt: ...endant"). She contends the vehicle has serious defects and nonconformities. The complaint contains the following causes of action: (1) violation of Civil Code S 1793.2(d); (2) violation of Civil Code S 1793.2(b); (3) violation of Civil Code S 1793.2(a)(3); (4) breach of express written warranty; and (5) breach of the implied warranty of merchantability. Plaintiff brings these motions seeking to compel further responses to form interrogatories nos...

Excerpt: ...tive Complaint alleging violations of the Consumers Legal Remedies Act (CLRA), intentional misrepresentation, concealment, negligent misrepresentation, breach of implied warranty of merchantability, violation of the Federal Odometer Act, and violation of Business and Professions Code 517200. The RISC contains an arbitration provision that provides, in pertinent part: Any claim or dispute, whether in contract, tort, statute or otherwise (including...

Excerpt: ..., and after his delivery was below the standard of care and constituted professional negligence, which caused multiple personal injuries. Plaintiff filed his Complaint on 7/11/23 alleging two causes of action: 1) professional negligence/medical malpractice; and, 2) negligent hiring/supervision/retenton. *** Counsel for Defendant, Desert Regional Medical Center (DRMC), Haig Arabian, filed a meet and confer declaration in compliance with CCP S 430....

Excerpt: ...reas, called "fingers," that extend into the residential community and create greenbelts between the homes. Homeowners located adjacent to the golf course and/or its fingers generally have paid more for their homes. The Golf Course is currently owned and operated by plaintiffs/Cross-Defendants Majestic Asset Management, LLC and Wintech Development, Inc. and Cross-Defendants Jen Huang and Hai Huang (collectively, "Majestic"). The Golf Course has t...

Excerpt: ...is "On receipt of a response to a demand for inspection .„, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general." (CCP 52031.310(a).) CCP provide...

Excerpt: ...rs disposing of cases on the merits. He further requests that the writ of execution entered on 7/19/23 be recalled and/or quashed. In Opposition, Plaintiff contends any relief sought pursuant to CCP S 473(b) is untimely and Defendant was properly served. There was no Reply as of this memo. Analysis CCP S 473(d) provides that a Court may set aside a judgment or order that is void as a matter of law. An order or judgment may be void as a matter of ...

Excerpt: ...r property since 1990, and with the Sanchezes' property being vacant. The Browns have been using the vacant lot since they resided. When the Sanchezes purchased the property, they indicated that they intended to develop the lot. A survey revealed a discrepancy between the original survey and the location of the monuments set by the City/county. The engineer installed new monuments on the Trust's property; the Trust relied on the old monuments to ...

Excerpt: ...he mother of decedent, Shiloh Shah ("decedent"). Plaintiff alleges decedent was an indigent man of El Salvadorian decent who suffered from drug addiction. She alleges on April 3, 2021, a 911 call was placed for decedent who was prone on a public sidewalk and recent drug use. At approximately 6:58pm, the fire department and ambulance were dispatched, and decedent was examined and found to be suffering from an overdose. Decedent was transported to ...

Excerpt: ... relevant employment records. Defendant also requests sanctions of $2,560. Plaintiff states that she has not claimed or asserted at any time that she claims damages related to treatment provided her for medical, psychological, or psychiatric care by any healthcare provider. In her declaration filed simultaneously herewith she states she will not offer evidence of her seeking or obta-ning any medical, psychological, psychiatric, or other treatment...

Excerpt: ...her Relief. As to Defendant Dashonda Hopper ("Hopper"), the proof of service, filed April 6, 2023, indicates that the People served Hopper on April 5, 2023 by personal service at 31948 Poppy Way, Lake Elsinore. On June 6, 2023, the court clerk entered Hopper's default. As to Defendant Donae Lee ("Lee"), the proof of service, filed May 4, 2023, indicates that the People served Lee on April 5, 2023 by personal service at 31948 Poppy Way, Lake Elsin...

Excerpt: ... of action under the Song Beverly Act (SBA): 1) violation of Civ. Code S 1793.2(d); 2) violation of Civ. Cade S 1793.2(b); 3) violation of Civ. Code S 4) violation of Civ. Code SS 1791.2(a), 1794; and 5) breach of the implied warranty of merchantability. Plaintiff asserts that after nearly a year and a half of litigation, the parties agreed to settle the matter. GM agreed to repurchase Plaintiff's vehicle, and pay him a civil penalty for not doin...

Excerpt: ...filed forthwith, but one has not yet been filed. This is a PAGA acton. Plaintiff Cynthia Miller alleges she was employed by defendant Barry's Security Services, Inc. from May 2021 to June 2021 as a non-exempt employee. During her employment, Defendant allegedly failed to pay overtime, failed to provide meal and rest periods, failed to pay minimum wages, failed to pay timely wages during employment and upon termination, failed to provide accurate ...

Excerpt: ...other, Defendant Josefina Ramirez ("Josefina") (collectively "Defendants"), agreed that if Ryan contributed to the down payment for 22385 Hayworth Court, Corona, CA 92883 ("Pro#rty") and continued contributing to the mortgage every Page 5 of 7 month, he would receive title to the Property. (Comp. , '1 18.) Ryan and Thelma resided at the Property. (Comp., 7.) The deed of trust was recorded on October 3, 2012, and names Defendants only. (Comp. , Ex...

Excerpt: ... parties were to pay to the attorney-client trust account of Richard A. Lucal by July 27, 2021; (2) Marsh, James Wynne and Timothy Wynne were to provide quitclaim deeds transferring title to Kim Wynne, as her sole and separate property, by July 27, 2021; and (3) the Mark Wynne parties were to pay off the existing Marsh mortgage secured by Black Duck (principal balance of $285mo) within 60 days of the executon of the Binding Term Sheet. (Complaint...

Excerpt: ...proper medical treatment, as Dr. Largoza denied requests for medical service. Dr. Kuersten denied his requests for medical tests, blood work and CT scans. The SAC complaint, filed 3/21/22, asserts: (1) general negligence (against Mariana Lotersztain); (2) general negligence (against Nonato Largoza); (3) general negligence (against Martin Kuersten); (6) general negligence (against Wade Faerber); (8) general negligence (Chancellor Daniel, P&S, Cali...

Excerpt: ...t, and made a timely demand for UIM benefits, and arbitration under his auto Defendant, Interinsurance Exchange of the Automobile Club (Exchange) has failed and refused to engage in contractual binding arbitration. Plaintiff filed his Complaint on 7/7/23 alleging four causes of action: 1) an order to compel UIM binding arbitration; 2) an order appointing an arbitrator; 3) an order that arbitration be completed by a date certain; and, 4) an order ...

Excerpt: ... Filing & Motion Fees: $520.04 Jury Fees: $266.91 Deposition costs: $15,627.64 service of Process: $2,601.70 Witness Fees: $101,518.90 Other (subpoenas, transcripts, trial tech): $94,959.58 Plaintiff brings the instant motion to tax costs contending Defendant's January 13, 2021 CCP 5998 offer was invalid. Plaintiff argues the 998 offer was not made in good faith. Plaintiff further argues the amount of costs is unreasonable, citing the unreasonabl...

Excerpt: ...ember 10, 2020 automobile accident. On April 20, 2023, Plaintiff served Defendant with Form Interrogatories ("FROGS") and Requests for Production ("RFPs"). Defendant failed to provide timely responses, and the present motions ensued. * * * Plaintiff now moves by two separate motions to compel Defendant to provide initial responses to FROGS and RFPs. Plaintiff requests an award of sanctions in the amount of $2,060 on each motion ($4,120 total). In...

Excerpt: ... In October 2012, Thelma and her mother, Defendant Josefina Ramirez ("Josefina") (collectively "Defendants"), agreed that if Ryan contributed to the down payment for 22385 Hayworth Court, Corona, CA 92883 ("Property") and continued contributing to the mortgage every month, he would receive title to the Property. (Comp. , '1 18.) Ryan and Thelma resided at the Property. (Comp. , '1 7.) The deed of trust was recorded on October 3, 2012, and names D...

Excerpt: ...ation that state law and the governing documents of two common interest developments ("CIDs") permit Pettioners Matthew and Rebecca Parsons to rent their property as an STR without a thirty- day minimum stay requirement. Petitioners' property is located within two CIDs. The first, the Fairway Tennis Maintenance Association ("Tennis HOA"), is a CID that allows its members to rent their individual properties without a minimum night stay restriction...

Excerpt: ... LLC ("Breit") and managed by Greystar California, Inc. ("Greystar") (collectively with Breit "Defendants"). Plaintiff asserts that in June 2021, there was a water leek on the subject property. When plumbers removed a portion of the drywall, they discovered black mold. Plaintiff hired a mold testing company and determined that there were high levels of Chaetomium and Stachybotrys throughout the property. Additionally, Plaintiff alleges that water...

Excerpt: ...ssignment. Now before the Court is Judgment Creditors' motion for an assignment order, pursuant to Code of Civil Procedure section 708.510 et seq. The judgment was originally entered on September 25, 2008, and thereafter renewed on August 30, 2018, and a notce of renewal of judgment was filed on that same date. By way of this motion, Judgment Creditors seek an order to assign to the Judgment Creditors any of Judgment Debtors' rights to payment du...

Excerpt: ...v-ded BOBS with escrow and title services and BOBS required title insurance through Plaintiff Real Advantage Title Insurance Company ("RAT C") (collectively "Plaintiffs"). Barker executed an Indemnity Agreement both on behalf of Sunniva, and Barker individually ("2018 Indemnity Agreement"). In 2019, BOBS agreed to loan Sunniva an additional $6 million, and Barker executed an additional indemnity agreement ("2019 Indemnity Agreement." ) Plaintiffs...

Excerpt: ... This is a lemon law case. On April 28, 2019, Plaintiffs purchased a 2019 Chevrolet Silverado 1500, which was manufactured and distributed by GM. (Compl. '1 6.) The subject vehicle came with an express warranty that the vehicle would be free from defects in materials, nonconformity, or workmanship during the applicable warranty period, and to the extent that the vehicle had defects, GM would repair the defects. (ld. at '1 10.) During the warranty...

Excerpt: ...fendant violated the CC&Rs by failing to paint all wood areas on the outside of his residence. Beginning in 2019, Plaintiff notified Defendant of the violation to the CC&Rs. Plaintiff alleges that Defendant has failed to take any steps to correct this violation. The complaint asserts a cause of achon for breach of the CC&Rs and governing documents and one for declaratory relief. Defendant was personally served on 10/27/22. Default was entered on ...